(a) The education of professional educators in the state is
under the general direction and control of the state board after
consultation with the Secretary of Education and the Arts and the
Chancellor for Higher Education who shall represent the interests
of educator preparation programs within the institutions of higher
education in this state as defined in section two, article one,
chapter eighteen-b of this code.

The education of professional educators in the state includes
all programs leading to certification to teach or serve in the
public schools. The programs include the following:

(1) Programs in all institutions of higher education,
including student teaching and teacher-in-residence programs as
provided in this section;

(2) Beginning teacher induction programs;

(3) Granting West Virginia certification to persons who
received their preparation to teach outside the boundaries of this
state, except as provided in subsection (b) of this section;

(4) Alternative preparation programs in this state leading to
certification, including programs established pursuant to the
provisions of sections one-a, one-b, one-c, one-d, one-e, one-f,
one-g, one-h and one-i of this article and programs which are in
effect on the effective date of this section; and

(5) Continuing professional education, professional
development and in-service training programs for professional
educators employed in the public schools in the state.

(b) After consultation with the Secretary of Education and the
Arts and the Chancellor for Higher Education, the state board shall
adopt standards for the education of professional educators in the
state and for awarding certificates valid in the public schools of
this state. The standards include, but are not limited to the
following:

(1) A provision for the study of multicultural education. As
used in this section, multicultural education means the study of
the pluralistic nature of American society including its values,
institutions, organizations, groups, status positions and social
roles;

(2) A provision for the study of classroom management
techniques, including methods of effective management of disruptive
behavior including societal factors and their impact on student
behavior; and (3) A teacher from another state shall be awarded a
teaching certificate for a comparable grade level and subject area
valid in the public schools of this state, subject to section ten
of this article, if he or she has met the following requirements:

(A) Holds a valid teaching certificate or a certificate of
eligibility issued by another state;

(B) Has graduated from an educator preparation program at a
regionally accredited institution of higher education or from another educator preparation program;

(C) Possesses the minimum of a bachelor's degree; and

(D) Meets all of the requirements of the state for full
certification except employment.

(c) The state board may enter into an agreement with county
boards for the use of the public schools in order to give
prospective teachers the teaching experience needed to demonstrate
competence as a prerequisite to certification to teach in the West
Virginia public schools.

(d) An agreement established pursuant to subsection (c) of
this section shall recognize student teaching as a joint
responsibility of the educator preparation institution and the
cooperating public schools. The agreement shall include the
following items:

(1) The minimum qualifications for the employment of public
school teachers selected as supervising teachers, including the
requirement that field-based and clinical experiences be supervised
by a teacher fully certified in the state in which that teacher is
supervising;

(2) The remuneration to be paid to public school teachers by
the state board, in addition to their contractual salaries, for
supervising student teachers;

(3) Minimum standards to guarantee the adequacy of the
facilities and program of the public school selected for student
teaching;

(4) Assurance that the student teacher, under the direction
and supervision of the supervising teacher, shall exercise the
authority of a substitute teacher;

(5) A provision requiring any higher education institution
with an educator preparation program to document that the student
teacher's field-based and clinical experiences include
participation and instruction with multicultural, at-risk and
exceptional children at each programmatic level for which the
student teacher seeks certification; and

(6) A provision authorizing a school or school district that
has implemented a comprehensive beginning teacher induction
program, to enter into an agreement that provides for the training
and supervision of student teachers consistent with the educational
objectives of this subsection by using an alternate structure
implemented for the support, supervision and mentoring of beginning
teachers. The agreement is in lieu of any specific provisions of
this subsection and is subject to the approval of the state board.

(e) Teacher-in-residence programs. --

(1) In lieu of the provisions of subsections (c) and (d) of
this section and subject to approval of the state board, an
institution of higher education with a program for the education of
professional educators in the state approved by the state board may
enter into an agreement with county boards for the use of teacher-
in-residence programs in the public schools.

(2) A "teacher-in-residence program" means an intensively supervised and mentored residency program for prospective teachers
during their senior year that refines their professional practice
skills and helps them gain the teaching experience needed to
demonstrate competence as a prerequisite to certification to teach
in the West Virginia public schools.

(3) The authorization for the higher education institution and
the county board to implement a teacher-in-residence program is
subject to state board approval. The provisions of the agreement
include, but are not limited to, the following items:

(A) A requirement that the prospective teacher in a teacher-
in-residence program has completed all other preparation courses
and has passed the appropriate basic skills and subject matter test
or tests required by the state board for teachers to become
certified in the area for which licensure is sought;

(B) A requirement that the teacher-in-residence serve only in
a teaching position in the county which has been posted and for
which no other teacher fully certified for the position has been
employed;

(C) Specifics regarding the program of instruction for the
teacher-in-residence setting forth the responsibilities for
supervision and mentoring by the higher education institution's
educator preparation program, the school principal, and peer
teachers and mentors, and the responsibilities for the formal
instruction or professional development necessary for the teacher-
in-residence to perfect his or her professional practice skills. The program also may include other instructional items as
considered appropriate.

(D) A requirement that the teacher-in-residence hold a
teacher-in-residence permit qualifying the individual to teach in
his or her assigned position as the teacher of record;

(E) A requirement that the salary and benefit costs for the
position to which the teacher-in-residence is assigned shall be
used only for program support and to pay a stipend to the teacher-
in-residence as specified in the agreement, subject to the
following:

(i) The teacher-in-residence is a student enrolled in the
teacher preparation program of the institution of higher education
and is not a regularly employed employee of the county board;

(ii) The teacher-in-residence is included on the certified
list of employees of the county eligible for state aid funding the
same as an employee of the county at the appropriate level based on
their permit and level of experience;

(iii) All state-aid-funding due to the county board for the
teacher-in-residence shall be used only in accordance with the
agreement with the institution of higher education for support of
the program as provided in the agreement, including costs
associated with instruction and supervision as set forth in
paragraph (C) of this subdivision;

(iv) The teacher-in-residence is provided the same liability
insurance coverage as other employees; and

(v) All state aid funding due to the county for the teacher-
in-residence and not required for support of the program shall be
paid as a stipend to the teacher-in-residence: Provided, That the
stipend paid to the teacher-in-residence shall be no less than
sixty-five percent of all state aid funding due the county for the
teacher-in-residence.

(F) Other provisions that may be required by the state board.

(f) In lieu of the student teaching experience in a public
school setting required by this section, an institution of higher
education may provide an alternate student teaching experience in
a nonpublic school setting if the institution of higher education
meets the following criteria:

(1) Complies with the provisions of this section;

(2) Has a state board approved educator preparation program;
and

(3) Enters into an agreement pursuant to subdivisions (g) and
(h) of this section.

(g) At the discretion of the higher education institution, an
agreement for an alternate student teaching experience between an
institution of higher education and a nonpublic school shall
require one of the following:

(1) The student teacher shall complete at least one half of
the clinical experience in a public school; or

(2) The educator preparation program shall include a
requirement that any student performing student teaching in a nonpublic school shall complete the following:

(A) At least two hundred clock hours of field-based training
in a public school; and

(B) A course, which is a component of the institution's state
board approved educator preparation program, that provides
information to prospective teachers equivalent to the teaching
experience needed to demonstrate competence as a prerequisite to
certification to teach in the public schools in West Virginia. The
course also shall include instruction on at least the following
elements:

(i) State board policy and provisions of this code governing
public education;

(ii) Requirements for federal and state accountability,
including the mandatory reporting of child abuse;

(iii) Federal and state mandated curriculum and assessment
requirements, including multicultural education, safe schools and
student code of conduct;

(iv) Federal and state regulations for the instruction of
exceptional students as defined by the Individuals with
Disabilities Education Act, 20 U.S.C. §1400 et seq.; and

(v) Varied approaches for effective instruction for students
who are at-risk.

(h) In addition to the requirements set forth in subsection
(g) of this section, an agreement for an alternate student teaching
experience between an institution of higher education and a nonpublic school shall include the following:

(1) A requirement that the higher education institution with
an educator preparation program shall document that the student
teacher's field-based and clinical experiences include
participation and instruction with multicultural, at-risk and
exceptional children at each programmatic level for which the
student teacher seeks certification; and

(2) The minimum qualifications for the employment of school
teachers selected as supervising teachers, including the
requirement that field-based and clinical experiences be supervised
by a teacher fully certified in the state in which that teacher is
supervising.

(i) The state superintendent may issue certificates as
provided in section two-a of this article to graduates of educator
preparation programs and alternative educator preparation programs
approved by the state board. The certificates are issued in
accordance with this section and rules adopted by the state board
after consultation with the Secretary of Education and the Arts and
the Chancellor for Higher Education.

(1) A certificate to teach may be granted only to a person who
meets the following criteria:

(A) Is a citizen of the United States, except as provided in
subdivision (2) of this subsection;

(B) Is of good moral character;

(C) Is physically, mentally and emotionally qualified to perform the duties of a teacher; and

(D) Is at least eighteen years of age on or before October 1
of the year in which his or her certificate is issued.

(2) A permit to teach in the public schools of this state may
be granted to a person who is an exchange teacher from a foreign
country or an alien person who meets the requirements to teach.

(j) In consultation with the Secretary of Education and the
Arts and the Chancellor for Higher Education, institutions of
higher education approved for educator preparation may cooperate
with each other, with the center for professional development and
with one or more county boards to organize and operate centers to
provide selected phases of the educator preparation program. The
phases include, but are not limited to the following:

(1) Student teaching and teacher-in-residence programs;

(2) Beginning teacher induction programs;

(3) Instruction in methodology; and

(4) Seminar programs for college students, teachers with
provisional certification, professional support team members and
supervising teachers.

By mutual agreement, the institutions of higher education, the
center for professional development and county boards may budget
and expend funds to operate the centers through payments to the
appropriate fiscal office of the participating institutions, the
center for professional development and the county boards.

(k) The provisions of this section do not require discontinuation of an existing student teacher training center or
school which meets the standards of the state board.

(l) All institutions of higher education approved for educator
preparation in the 1962-63 school year continue to hold that
distinction so long as they meet the minimum standards for educator
preparation. Nothing in this section infringes upon the rights
granted to any institution by charter given according to law
previous to the adoption of this code.

(m) Definitions. -- For the purposes of this section, the
following words have the meanings ascribed to them unless the
context clearly indicates a different meaning:

(1) "Nonpublic school" means a private school, parochial
school, church school, school operated by a religious order or
other nonpublic school that elects to meet the following
conditions:

(A) Comply with the provisions of article twenty-eight,
chapter eighteen of this code;

(B) Participate on a voluntary basis in a state operated or
state sponsored program provided to this type school pursuant to
this section; and

(C) Comply with the provisions of this section;

(2) "At-risk" means a student who has the potential for
academic failure, including, but not limited to, the risk of
dropping out of school, involvement in delinquent activity or
poverty as indicated by free or reduced lunch status; and

(3) "Exceptional child" or "exceptional children" has the
meaning ascribed to these terms pursuant to section one, article
twenty, chapter eighteen of this code, but, as used in this
section, the terms do not include gifted students.

(a) Purpose. - Sections one-a, one-b, one-c, one-d, one-e,
one-f, one-g, one-h and one-i of this article create an alternative
means for a qualified person to earn a professional teaching
certificate. These sections authorize a school or a school
district to offer a rigorous alternative program for teacher
certification in partnership with an accredited higher education
institution, an entity affiliated with an accredited higher
education institution, the West Virginia Department of Education or
a regional education service agency, all under the supervision of
the State Board.

(b) Definitions. -- For the purposes of this section and
sections one-b, one-c, one-d, one-e, one-f, one-g, one-h and one-i
of this article, the following terms have the meanings ascribed to
them, unless the context in which a term is used clearly requires
a different meaning:

(1) "Alternative program" means a program for teacher
education that is offered as an alternative to the standard college
or university programs for the education of teachers;

(2) "Alternative program teacher" means a teacher who holds an
alternative program teacher certificate and who participates in an
alternative program;

(3) "Area of critical need and shortage" means an opening in
an established, existing or newly-created position which has been posted at least two times in accordance with section seven-a,
article four of this chapter and for which no fully-qualified
applicant has been employed;

(4) "Alternative program teacher certificate" means a
temporary teacher certificate that authorizes a person to teach
while participating in an alternative program;

(5) "Approved alternative program" means an alternative
program that is approved by the State Board in accordance with
section one-e of this article;

(6) "Approved education provider" means a partnership that the
State Board has approved to provide an alternative program;

(7) "Partnership" means a partnership formed pursuant to
section one-b of this article to provide an alternative program;

(8) "Partnership agreement" means an agreement adopted by a
partnership pursuant to section one-b of this article; and

(9) "Professional support team" means the group of persons
that an approved education provider has selected to train and
supervise alternative program teachers.

(a) Formation. - One or more schools or school districts, or
any combination of these, may form a partnership with one or more
institutions of higher education, one or more entities affiliated
with an institution of higher education, the West Virginia
Department of Education, a regional education service agency, or
any combination of these, to provide an alternative program.

(b) Necessary partners. - Except as provided in subsection (d)
of this section, a partnership shall include at least one of the
following:

(1) An institution of higher education with an accredited
program for the education of professional educators that has been
approved by the State Board;

(2) An entity affiliated with an institution of higher
education that has an accredited program for the education of
professional educators that has been approved by the State Board;

(3) The West Virginia Department of Education; or

(4) A regional education service agency.

(c) Partnership agreement contents. - A partnership shall
adopt a written partnership agreement that governs how the
partnership will conduct its alternative program and that
identifies the rights and responsibilities of each partner. The
partnership agreement shall include, at a minimum, the following elements:

(1) Procedures and criteria for determining whether a person
is eligible to enroll in the alternative program;

(2) A requirement that a vacancy has to be advertised for a
ten day period, and if no qualified traditional certified teacher
applies, only then may the partnership consider enrolling as person
in the alternative program;

(3) Procedures and criteria for making a formal offer of
employment to a person who is eligible to enroll in the alternative
program;

(4) A detailed list, with descriptions, of the categories,
methods and sources of instruction that the alternative program
will provide;

(5) A detailed description of the phases of on-the-job
training and supervision that the alternative program will provide;

(6) A detailed description of the academic and performance
standards that an alternative program teacher shall satisfy to
receive the partnership's recommendation that the State
Superintendent issue to him or her a professional teaching
certificate;

(7) Procedures for selecting and training the professional
support team who will instruct, mentor or supervise alternative
program teachers;

(8) Provisions for determining tuition or other charges, if
any, relating to an alternative program;

(9) A requirement, subject to the provisions of subsection
(e), subsection one-f of this article, that the hiring authority
for any school or school district that hires an alternative program
teacher will renew the alternative program teacher's contract from
year to year as along as he or she makes satisfactory progress in
the alternative education program and until he or she completes the
alternative program; and

(10) Any other provisions that the partners consider necessary
or helpful to ensure that the alternative program operates in
accordance with this chapter.

(a) Alternative program instruction. -- An alternative program
for classroom teachers shall provide, at a minimum, either six
credit hours or six staff development hours of instruction in one
or more of the following subjects:

(1) Early literacy (if an alternative program teacher will be
teaching elementary school children);

(2) Student assessment;

(3) Development and learning;

(4) Curriculum;

(5) Classroom management;

(6) Use of educational computers and other technology; and

(7) Special education and diversity.

(b) Methods of instruction. - An alternative program may
provide instruction through nontraditional methods, including, but
not limited to, methods such as a series of modules covering the
various topics, electronically delivered instruction, summer
sessions, professional development and job-embedded mentoring.
(c) Professional support team. - If the State Board approves,
an alternative program may provide a professional support team
whose structure is consistent with the structure that the
partnership's participating school or schools use for supporting,
supervising, inducting and mentoring a beginning teacher or teacher-in-residence. If the State Board approves, an alternative
program's professional support team may be trained by and in
coordination with the Center for Professional Development.

(d) Professional support team evaluation for classroom
teachers. - The professional support team shall submit a written
evaluation of the alternative program teacher to the approved
education provider. This evaluation shall be submitted on a form
specified by the approved education provider and shall be submitted
before the first Monday in May on a date set by the approved
education provider. The evaluation shall report the alternative
program teacher's progress toward meeting the alternative program's
academic and performance standards: Provided, That all final
decisions on the progress of an alternative program teacher shall
rest with the principal.
(e) Tuition. - A partnership may not charge tuition, or impose
any other charge for participation in an alternative program,
unless the tuition or other charge is necessary to offset the
partnership's cost of providing the alternative program: Provided,
That a partner that is an institution of higher education with an
accredited program for the education of professional educators may
charge tuition for academic credit that an alternative education
teacher receives in the alternative program if:

(1) The institution of higher education is the entity that
grants the academic credit; and

(2) The charge does not exceed the per credit rate charged for students enrolled in its standard program for the education of
professional educators.

(1) The State Board shall promulgate a legislative rule or
rules in accordance with article three-b, chapter twenty-nine-a of
this code containing procedures for the approval and operation of
alternative teacher education programs as provided in this article.
The State Board shall promulgate separate procedures for
alternative programs for classroom teachers, alternative programs
for highly qualified special education teachers, and additional
alternative programs to prepare highly qualified special education
teachers. These procedures shall be separate from the State
Board's other procedures for approving standard teacher education
programs.

(2) Before promulgating a rule or rules, the State Board shall
consult with the Secretary of Education and the Arts and the
Chancellor of the Higher Education Policy Commission.

(3) Before adopting a rule or rules, the State Board shall
submit its proposed rule or rules to the Legislative Oversight
Commission on Education Accountability for review.

(b) Necessary contents. - The State Board's rule or rules
shall include, at a minimum, the following elements:

(1) An orderly set of deadlines, forms and guidance to govern:

(A) A partnership's process for applying to become an approved
education provider;

(B) The State Board's process for reviewing and acting on a partnership's application;

(C) An approved education provider's process for seeking
persons to enroll in an alternative program; and

(D) A person's process for enrolling in an approved education
provider's alternative program;

(2) Procedures for determining whether a partnership agreement
complies with sections one-b and one-c of this article;

(3) Procedures for determining whether a partnership agreement
complies with any additional requirements contained in the State
Board's rule or rules;

(4) Standards for how often and for what lengths of time an
alternative program teacher must observe in a mentor's classroom;

(5) Guidelines for determining what tuition or other charges
an approved education provider may impose relating to an
alternative program;

(6) A list of the test or tests that a person must pass if he
or she seeks a certification to teach American Sign Language; and

(7) A list of the test or tests that a person must pass if he
or she seeks a certification to teach in selected vocational and
technical areas.

WVC 18 A- 3 - 1 E
§18A-3-1e. State Board approval; prohibited acts.

(a) State Board approval. -

(1) The State Board shall approve a partnership's application
to operate an alternative program for classroom teachers if the
State Board determines that the proposed alternative program, in
all material respects, complies or will comply with the State
Board's applicable alternative program rules and with the
requirements of sections one-b, one-c of this article.

(2) The State Board shall approve a partnership's application
to operate an alternative program for a highly qualified special
education teacher if the State Board determines that the proposed
alternative program, in all material respects, complies or will
comply with the State Board's applicable alternative program rules
and with the requirements of section one-g of this article.

(3) The State Board shall approve a partnership's application
to operate an alternative program to prepare highly qualified
special education teachers if the State Board determines that the
proposed alternative program, in all material respects, complies or
will comply with the State Board's applicable alternative program
rules and with the requirements of section one-h of this article.

(b) Prohibited acts. -

(1) A partnership may not implement an alternative program
until the partnership's alternative program has been approved by
the State Board.

(2) A school or school district may not employ, or make a formal offer of employment to, any person for the purpose of his or
her participation in an alternative program unless the alternative
program is approved by the State Board and the school or school
district is a member of the partnership that is operating the
alternative program.

(3) A school or school district may not continue to employ an
alternative program teacher unless he or she makes satisfactory
progress in the alternative program for which he or she is
employed.

(a) Alternative program participation. - A person may not
participate in an alternative program unless he or she holds an
alternative program teacher certificate issue by the State
Superintendent for the alternative program position in which he or
she will be teaching. An alternative program teacher certificate
is the same as a professional teaching certificate for the purpose
of issuing a continuing contract.

(b) Eligibility for alternative program teacher certificate.
- To be eligible for an alternative program teacher certificate, a
person shall:

(1) Possess at least a bachelor's degree from a regionally
accredited institution of higher education;

(2) Pass the same basic skills and subject matter test or
tests required by the State Board for traditional program
candidates to become certified in the area for which he or she is
seeking licensure;

(3) Hold United States citizenship;

(4) Be of good moral character;

(5) Be physically, mentally and emotionally qualified to
perform the duties of a teacher;

(6) Attain the age of eighteen years on or before October 1 of
the year in which the alternative program teacher certificate is issued;

(7) Receive from a county superintendent a formal offer of
employment in an area of critical need and shortage and by a school
or school district that is a member of an approved educational
provider;

(8) Have relevant academic or occupational qualifications that
reasonably indicate that the person will be competent to fill the
teaching position in which he or she would be employed. For the
purposes of this section, 'reasonably indicate' means an academic
major or occupational area the same as or similar to the subject
matter to which the alternative program teacher is being hired to
teach; and

(9) Qualify for employment after a criminal history check made
pursuant to section ten of this article.

(c) Eligibility for alternative program certificate: American
Sign Language. - If a person seeks certification to teach American
Sign Language, in lieu of subdivisions (1) and (2), subsection (b)
of this section, he or she shall pass one or more appropriate State
Board approved tests demonstrating his or her proficiency in
American Sign Language.

(d) Eligibility for alternative program certificate: selected
vocational and technical areas. - If a person seeks certification
to teach in selected vocational and technical areas, in lieu of
subdivisions (1) and (2), subsection (b) of this section, he or she
shall pass one or more appropriate State Board approved tests demonstrating his or her proficiency in the basic skills and
occupational content areas.

(e) Contract renewals. -

(1) A county board shall renew an alternative program
teacher's contract from year to year as long as he or she makes
satisfactory progress in the applicable alternative education
program and until he or she completes the alternative program,
except as provided in subdivision (2) of this subsection.

(2) If the school or school district that employs the
alternative program teacher reduces its overall number of teachers,
the alternative program teacher is subject to the same force
reduction rules and procedures as any other employee, except those
that relate to seniority. In no event will an alternative program
teacher displace a professional educator as defined in section one,
article one of this chapter.

(a) An alternative program for highly qualified special
education teachers are separate from the programs established
under sections one-b and one-h of this article and are applicable
only to teachers who have at least a bachelor's degree in a program
for the preparation of teachers from an accredited institution of
higher education.

(b) These programs are subject to the other provisions of
sections one-b, one-c, one-e and one-f of this article only to the
extent specifically provided in State Board rule.

(c) These programs may be an alternative to the standard
college and university programs for the education of special
education teachers and also may address the content area
preparation of certified special education teachers.

(d) The programs shall incorporate professional development to
the maximum extent possible to help teachers who are currently
certified in special education to obtain the required content area
preparation.

(e) Participation in an alternative education program pursuant
to this section may not affect any rights, privileges or benefits
to which the participant otherwise would be entitled as a regular
employee and may not alter any rights, privileges or benefits of
participants on continuing contract status.

(a) An additional alternative program to prepare highly
qualified special education teachers are separate from the programs
established under sections one-b and one-g of this article and are
applicable only to persons who hold a bachelor's degree from an
accredited institution of higher education.

(b) These programs are subject to the other provisions of
sections one-b, one-c, one-e and one-f of this article only to the
extent specifically provided in State Board rule.

(c) These programs may be an alternative to the standard
college and university programs for the education of special
education teachers and also may address the content area
preparation of these persons.

WVC 18 A- 3 - 1 I
§18A-3-1i. Recommendation for certification of alternative program
teachers; report forms to be prepared by State
Superintendent; appeal.

(a) At the conclusion of an approved alternative program, the
approved education provider shall prepare a comprehensive
evaluation report on the alternative program teacher's performance.

(b) This report shall be submitted directly to the State
Superintendent and shall contain a recommendation as to whether or
not a professional teaching certificate should be issued to the
alternative program teacher. The State Superintendent shall
develop standard forms for this report, and the report shall be
made on one or more of the State Superintendent's forms.

(c) The comprehensive evaluation report shall include one of
the following recommendations:

(1) Approved: Recommends issuance of a professional teaching
certificate;

(2) Insufficient: Recommends that a professional teaching
certificate not be issued but that the candidate be allowed to seek
reentry on one or more occasions in the future to an approved
alternative program; or

(3) Disapproved: Recommends that a professional teaching
certificate not be issued and that the candidate not be allowed to
enter into another approved alternative program in this state but
not be prohibited from pursuing teacher certification through
other approved programs for the education of teachers in this state.

(d) The approved education provider shall provide the
alternative program teacher with a copy of the alternative program
teacher's written evaluation report and certification
recommendation before the approved education provider submits them
to the State Superintendent. If the alternative program teacher
disagrees with the provider's recommendation, the alternative
program teacher may, within fifteen days of receipt, request an
appeal in accordance with the certification appeals process
established by the State Board.

Any professional educator, as defined in article one of this
chapter, who is employed within the public school system of the
state shall hold a valid teaching certificate licensing him or her
to teach in the specializations and grade levels as shown on the
certificate for the period of his or her employment. If a teacher
is employed in good faith on the anticipation that he or she is
eligible for a certificate and it is later determined that the
teacher was not eligible, the state superintendent of schools may
authorize payment by the county board of education to the teacher
for a time not exceeding three school months or the date of
notification of his or her ineligibility, whichever shall occur
first. All certificates shall expire on the thirtieth day of June
of the last year of their validity irrespective of the date of
issuance.

WVC 18 A- 3 - 2 A
§18A-3-2a. Certificates valid in the public schools that may be
issued by the State Superintendent.

In accordance with State Board rules for the education of
professional educators adopted pursuant to section one of this
article and subject to the limitations and conditions of that
section, the State Superintendent may issue the following
certificates valid in the public schools of the state:

(a) Professional teaching certificates. --

(1) A professional teaching certificate for teaching in the
public schools may be issued to a person who meets the following
conditions:

(A) Holds at least a bachelor's degree from a regionally
accredited institution of higher education, and

(i) Has passed appropriate State Board approved basic skills
and subject matter tests in the area for which licensure is being
sought; and

(ii) Has completed a program for the education of teachers
which meets the requirements approved by the State Board; or

(iii) Has met equivalent standards at institutions in other
states; or

(iv) Has completed three years of successful teaching
experience within the last seven years under a license issued by
another state in the area for which licensure is being sought; or

(v) Has completed an alternative program approved by another
state; or

(B) Holds at least a bachelor's degree from an accredited
institution of higher education; and

(ii) Has completed an alternative program for teacher
education as provided in this article; and

(iii) Is recommended for a certificate in accordance with the
provisions of section one-i of this article relating to the
program; and

(iv) Is recommended by the State Superintendent based on
documentation submitted.

(2) The certificate shall be endorsed to indicate the grade
level or levels or areas of specialization in which the person is
certified to teach or to serve in the public schools.

(3) The initial professional certificate is issued
provisionally for a period of three years from the date of
issuance:

(A) The certificate may be converted to a professional
certificate valid for five years subject to successful completion
of a beginning teacher induction program, if applicable; or

(B) The certificate may be renewed subject to rules adopted by
the State Board.

(b) Alternative program teacher certificate. -- An alternative
program teacher certificate may be issued to a candidate who is
enrolled in an alternative program for teacher education approved by the State Board.

(1) The certificate is valid only for the alternative program
position in which the candidate is employed and is subject to
enrollment in the program.

(2) The certificate is valid while the candidate is enrolled
in the alternative program, up to a maximum of three years, and may
not be renewed.

(c) Professional administrative certificate. --

(1) A professional administrative certificate, endorsed for
serving in the public schools, with specific endorsement as a
principal, vocational administrator, supervisor of instructions or
superintendent, may be issued to a person who has completed
requirements all to be approved by the State Board as follows:

(A) Holds at least a master's degree from an institution of
higher education accredited to offer a master's degree; and

(i) Has successfully completed an approved program for
administrative certification developed by the State Board in
cooperation with the chancellor for higher education, and

(ii) Has successfully completed education and training in
evaluation skills through the center for professional development,
or equivalent education and training in evaluation skills approved
by the State Board, and

(iii) Possesses three years of management level experience.

(2) Any person serving in the position of dean of students on
June 4, 1992, is not required to hold a professional administrative certificate.

(3) The initial professional administrative certificate is
issued provisionally for a period of five years. This certificate
may be converted to a professional administrative certificate valid
for five years or renewed, subject to the regulations of the State
Board.

(d) Paraprofessional certificate. -- A paraprofessional
certificate may be issued to a person who meets the following
conditions:

(1) Has completed thirty-six semester hours of post-secondary
education or its equivalent in subjects directly related to
performance of the job, all approved by the State Board; and

(2) Demonstrates the proficiencies to perform duties as
required of a paraprofessional as defined in section eight, article
four of this chapter.

(e) Other certificates; permits. --

(1) Other certificates and permits may be issued, subject to
the approval of the State Board, to persons who do not qualify for
the professional or paraprofessional certificate.

(2) A certificate or permit may not be given permanent status
and a person holding one of these credentials shall meet renewal
requirements provided by law and by regulation, unless the State
Board declares certain of these certificates to be the equivalent
of the professional certificate.

(3) Within the category of other certificates and permits, the State Superintendent may issue certificates for persons to serve in
the public schools as athletic coaches or coaches of other
extracurricular activities, whose duties may include the
supervision of students, subject to the following limitations:

(A) The person is employed under a contract with the county
board of education.

(i) The contract specifies the duties to be performed,
specifies a rate of pay that is equivalent to the rate of pay for
professional educators in the district who accept similar duties as
extra duty assignments, and provides for liability insurance
associated with the activity; and

(ii) The person holding this certificate is not considered an
employee of the board for salary and benefit purposes other than as
specified in the contract.

(B) The person completes an orientation program designed and
approved in accordance with State Board rules.

(f) Teacher-In-Residence Permit. --

(1) A teacher-in-residence permit may be issued to a candidate
who is enrolled in a teacher-in-residence program in accordance
with an agreement between an institution of higher education and a
county board. The agreement is developed pursuant to subsection
(e), section one of this article and requires approval by the State
Board.

(2) The permit is valid only for the teacher-in-residence
program position in which the candidate is enrolled and is subject to enrollment in the program. The permit is valid for no more than
one school year and may not be renewed.

WVC 18 A- 3 - 2 B
§18A-3-2b.

Repealed.

Acts, 2013 Reg. Sess., Ch. 56.

WVC 18 A- 3 - 2 C
§18A-3-2c. Training through the principals academy.

(a) Principal training and professional development required.
-- After the effective date of this section and subject to the
provisions of subsection (c) of this section, every principal shall
complete training and professional development through the
principals academy as provided in subsection (b) of this section.

(b) Principal training and professional development through
the academy. -- The academy and the persons required to complete
training and professional development through the academy shall
adhere to the following guidelines:

(1) All persons assigned as a principal for the first time in
a West Virginia school after July 1, 2002, shall complete
specialized training and professional development for newly
appointed principals through the academy within the first twelve
months following assignment;

(2) All principals of schools which have been designated as
seriously impaired, in accordance with section five, article two-e,
chapter eighteen of this code, shall complete specialized training
and professional development through the academy specifically
designed to assist the principal to improve school performance
commencing as soon as practicable following receipt of the
designation;

(3) All principals who are subject to an improvement plan, in
accordance with section twelve, article two of this chapter, shall
complete specialized training and professional development through the academy specifically designed for principals subject to an
improvement plan. The specialized training and professional
development shall be completed within twelve months from the date
that the principal is first subject to the improvement plan;

(4) All principals who transfer to a school with a
significantly different grade configuration shall complete
specialized training and professional development for principals in
schools with the grade configuration to which they transferred
through the academy within the first twelve months following
transfer; and

(5) All persons serving as school principals shall complete
training and professional development through the academy designed
to build the qualities, proficiencies and skills required of all
principals as determined by the state board.

(c) Academy and requirements to complete training and
professional development subject to funding. -- The requirement
that principals complete training and professional development
through the academy shall be subject to the availability of funds
for the principals academy from legislative appropriation and from
other sources. If these funds are insufficient to provide for the
total cost of the training and professional development required by
subsection (b) of this section, then the academy shall provide
training and professional development for the persons described in
subdivisions (1) through (5), inclusive, subsection (b) of this
section according to the priority in which the subdivisions appear in said subsection. If such funds are insufficient to provide for
the training and professional development of all the persons
described in one or more of subdivisions (1) through (5),
inclusive, subsection (b) of this section, the academy is
authorized to determine which persons described within the
subdivision or subdivisions shall be admitted and which shall not
be admitted: Provided, That the principals academy shall make
every effort to ensure that all principals receive training and
professional development through the academy at least once every
six years effective July1, 2002, and thereafter: Provided,
however, That nothing in this section shall be construed to require
any specific level of funding by the Legislature.

(d) Establishment of standards. -- On or before October 1,
1996, the state board shall approve and promulgate rules regarding
the minimum qualities, proficiencies and skills that will be
required of principals after January1, 1997. The state board shall
promulgate and may, from time to time, amend such rules. The rules
promulgated by the state board shall address at least the
following:

(1) Staff relations, including, but not limited to, the
development and use of skills necessary to make a positive use of
faculty senates, manage faculty and staff with courtesy and mutual
respect, coach and motivate employees, and build consensus as a
means of management;

(2) School community leadership qualities, including, but not limited to, the ability to organize and leverage community
initiative, communicate effectively, work effectively with local
school improvement councils, manage change, resolve conflict and
reflect the highest personal values;

(4) Administrative skills, including, but not limited to,
organizational, fiscal, public policy and total quality management
skills and techniques.

(e) Waivers. -- Any person desiring to be relieved of the
requirements of all or any part of this section may apply in
writing to the state board for a waiver. Upon a showing of
reasonable cause why relief should be granted, the state board may
grant a waiver, upon such terms and conditions as the state board
shall determine proper, as to all or any part of this section.

(f) Failure to comply. -- Any person who fails or refuses to
complete training and professional development through the academy,
as required by the provisions of this section, and who fails to
obtain a waiver, as described in subsection(e) of this section,
shall be ineligible to be employed as, or serve in the capacity of,
a principal.

(g) Tracking of requirement. -- On or before January 1, 1997,
the state board shall establish a system to track the progress of each person required to complete training through the academy and
shall regularly advise such persons of their progress.

(h) Payment of reasonable and necessary expenses and stipends.
-- The center for professional development shall reimburse persons
attending the academy for reasonable and necessary expenses. A
person may not be required to complete training and professional
development through the principals academy before September15, and
after June 1, of the school year. The center for professional
development shall utilize alternative methods of instructional
delivery and scheduling, including electronic delivery, as
considered appropriate to minimize the amount of time principals
completing training and professional development through the
academy are required to be away from their school duties. Nothing
in this section shall be construed to require any specific level of
funding by the Legislature.

WVC 18 A- 3 - 2 D
§18A-3-2d. Beginning principal internships.

(a) Every person hired for the first time in a county school
system as an assistant principal, principal or vocational
administrator after the first day of July, one thousand nine
hundred ninety-five, shall complete a one school year, beginning
principal internship program under the provisions of this section.
(b) The beginning principal internship program is a county
school system based program intended to provide appropriate
orientation activities and supervision to beginning assistant
principals, principals or vocational administrators of this state.
The beginning principal internship shall consist of the following
components:

(1) An orientation program to be conducted prior to the
beginning of the instructional term, but within the employment
term, developed by the county school system: Provided, That if a
beginning principal is hired during the instructional term the
orientation program shall be conducted during the instructional
term;

(2) The scheduling of no less than three regular meetings per
semester during the school year between the mentor and beginning
principal. Topics for each meeting may consist of, but are not
limited to, the following: Evaluation of personnel, budgeting,
scheduling, instructional leadership, discipline, public relations,
conferencing skills or other topics determined by the mentor and
intern;

(3) The provision of necessary release time from regular
duties for the mentor as agreed to by the county superintendent and the beginning principal and a stipend of at least six hundred
dollars for the mentor for duties as a mentor, to be paid by the
state department of education; and

(4) Documentation of the beginning principal internship
recorded on the evaluation form currently developed by the local
county school district.

(c) Mentors are selected by the county superintendent and must
have a minimum of five years of administrative experience as an
assistant principal, principal or vocational administrator.
Mentors must complete a staff development program approved by the
West Virginia department of education prior to their employment as
a mentor. The mentor must not be responsible for or a participant
in any evaluation or supervision of the beginning principal intern.

WVC 18 A- 3 - 3
§18A-3-3. Renewal of certificates; permanent certification.
(a) Until the person qualifies for a permanent certificate,
any professional or first class certificate based upon a bachelor's
degree shall be renewable provided the holder within five years
from the date the certificate became valid:

(1) Files application on a prescribed form with the State
Department of Education;

(2) Presents an official transcript of six semester hours of
approved credit as may be prescribed by the state board;

(4) Submits a recommendation based on successful teaching
experience from the county superintendent of schools of the county
in which the holder last taught or resides.

(b) The holder of a professional certificate, valid for five
years, shall have the certificate made permanent upon meeting any
of the following requirements:

(1) Completion of the second renewal, in accordance with the
provisions set forth in subsection (a) of this section; or

(2) After five years of service in the public schools,
presentation of a transcript showing the completion of requirements
for a master's degree from an institution of higher education
accredited to offer the master's degree and in a program relevant
to the public school program or completes the fifth year of
training leading to a bachelor's degree in library science from a school fully approved by the American Library Association; or

(3) Receives certification through the National Board for
Professional Teaching Standards.

(c) To satisfy any of the requirements of subsection (b) of
this section, the person must file application on a prescribed form
with the State Department of Education and must submit a
recommendation from the county superintendent of schools of the
county in which the person last taught or resides.

(d) All certificates and permits, other than the professional
certificate, shall be renewed in accordance with state board
regulations.

(e) If the applicant seeking renewal has cause to believe that
the county superintendent refuses to give a recommendation without
just cause, the applicant shall have the right, in such case, to
appeal to the State Superintendent of Schools whose responsibility
it shall be to investigate the matter and issue a certificate if,
in the opinion of the state superintendent, the county
superintendent's recommendation was withheld arbitrarily.

(f) A person who has reached the age of sixty and holds a
renewable certificate, as provided in this section, need not
present renewal credit but shall meet all other renewal
requirements.

WVC 18 A- 3 - 3 A
§18A-3-3a. Payment of tuition, registration and other fees for
teachers; maximum payment per teacher.
(a) The West Virginia Department of Education shall promulgate
rules to administer the reimbursement of tuition, registration and
other required fees for coursework completed by teachers in
accordance with the provisions of this section. The rules shall
provide for reimbursement for courses completed toward both
certification renewal and additional endorsement in a shortage
area.

(b) As used in this section, the following words and phrases
have the meanings ascribed to them:

(1) "Teacher" has the meaning provided in section one, article
one, chapter eighteen of this code.

(2) "Shortage area" shall be defined by state board policy to
indicate the subject areas for which an insufficient number of
teachers are available.

(3) "Certification" and "certificate" mean a valid West
Virginia:

(A) Professional teaching, service or administrative
certificate, or its equivalent; or

(B) Provisional professional teaching, service or
administrative certificate, or its equivalent.

(4) "Requirements for certification renewal" are those
requirements of the State Department of Education as provided in
section three of this article.

(5) "Requirements for additional endorsement" are those
requirements of the State Department of Education as provided in
section three of this article.

(6) "State institution of higher education" has the meaning
provided in section two, article one, chapter eighteen-b of this
code.

(c) To the extent of funds appropriated for the purposes
specified in this section, payment shall be made to any teacher
who:

(1) Holds either a valid West Virginia:

(A) Certificate; or

(B) First class permit for full-time employment; and

(2) Is seeking:

(A) An additional endorsement in a shortage area, and either
resides in the state or is employed regularly for instructional
purposes in a public school in the state; or

(B) Certification renewal, and has a continuing contract with
a county board.

(d) The payment shall be made as reimbursement for the
tuition, registration and other required fees for any course
completed at:

(1) Any college or university within the state; or

(2) A college or university outside the state if prior
approval is granted by the department.

(e) A course is eligible for reimbursement if it meets the requirements for:

(1) An additional endorsement in a shortage area; or

(2) Certification renewal.

(f) If funds appropriated for the purposes specified in this
section are insufficient for the reimbursement of all eligible
courses within the limits provided in this section, the West
Virginia Department of Education shall make the reimbursements for
courses for additional endorsement in a shortage area and
certification renewal in a shortage area first.

(g) Payment made for any single fee may not exceed the amount
of the highest corresponding fee charged at a state institution of
higher education.

(h) Reimbursement for courses completed toward certification
renewal is limited to fifteen semester hours of courses for any
teacher. Reimbursement for courses completed toward additional
endorsement in a shortage area is limited to fifteen semester hours
of courses for any teacher.

(i) The West Virginia Department of Education shall seek
funding from sources other than general revenue appropriation,
including, but not limited to, workforce investment funds.

(j) No provision of this section may be construed to require
any appropriation or any specific amount of appropriation for the
purposes specified in this section, or to require the department to
expend funds for those purposes from any other amounts appropriated
for expenditure by the department.

WVC 18 A- 3 - 4
§18A-3-4. Validity of present certificates.
Nothing in this article shall be construed or interpreted in
such way as to invalidate or in any manner change or shorten the
validity period of certificates, including grade-level teaching
rights, in force on the effective date of this act, nor the right
to renew or make permanent such certificates.

WVC 18 A- 3 - 5
§18A-3-5. Validity of certificates held by members of armed
forces.
A certificate held by a member of the armed forces of the
United States shall have the period of validity extended to June
thirtieth of the year following his or her separation from active
duty or honorable discharge provided the certificate was valid at
the time of entry into the armed forces.

WVC 18 A- 3 - 6
§18A-3-6. Grounds for revocation of certificates; recalling
certificates for correction.
The state superintendent may, after ten days' notice and upon
proper evidence, revoke the certificates of any teacher for any of
the following causes: Intemperance; untruthfulness; cruelty;
immorality; the conviction of a felony or a guilty plea or a plea
of no contest to a felony charge; the conviction, guilty plea or
plea of no contest to any charge involving sexual misconduct with
a minor or a student; or for using fraudulent, unapproved or
insufficient credit to obtain the certificates: Provided, That the
certificates of a teacher may not be revoked for any matter for
which the teacher was disciplined, less than dismissal, by the
county board that employs the teacher, nor for which the teacher is
meeting or has met an improvement plan determined by the county
board, unless it can be proven by clear and convincing evidence
that the teacher has committed one of the offenses listed in this
subsection and his or her actions render him or her unfit to teach:
Provided, however, That in order for any conduct of a teacher
involving intemperance; cruelty; immorality; or using fraudulent,
unapproved or insufficient credit to obtain the certificates to
constitute grounds for the revocation of the certificates of the
teacher, there must be a rational nexus between the conduct of the
teacher and the performance of his or her job. The state
superintendent may designate the West Virginia commission for
professional teaching standards or members thereof to conduct hearings on revocations or certificate denials and make
recommendations for action by the state superintendent.

It shall be the duty of any county superintendent who knows of
any acts on the part of any teacher for which a certificate may be
revoked in accordance with this section to report the same,
together with all the facts and evidence, to the state
superintendent for such action as in the state superintendent's
judgment may be proper.

If a certificate has been granted through an error, oversight,
or misinformation, the state superintendent has authority to recall
the certificate and make such corrections as will conform to the
requirements of law and the state board.

WVC 18 A- 3 - 7
§18A-3-7. Certificate fees.
The fee for the issuance or renewal of any certificate, if
applicable, shall be established by the state board of education.

The Legislature finds the professional expertise and insight
of the classroom teacher to be an invaluable ingredient in the
development and delivery of staff development programs which meet
the needs of classroom teachers.

Therefore, a professional staff development council comprised
of proportional representation from the major school levels and
from vocational, special education and other specialties in
proportion to their employment numbers in the county shall be
established in each school district in the state in accordance with
rules adopted by the state board of education. Nominations of
instructional personnel to serve on the county staff development
council may be submitted by the faculty senates of the district to
the county superintendent who shall prepare and distribute ballots
and tabulate the votes of the counties instructional personnel
voting on the persons nominated. Each county staff development
council shall consist of between nine and fifteen members at the
discretion of the county superintendent based on the size of the
county. The councils have final authority to propose staff
development programs for their peers based upon rules established
by statute and the council on professional education.

The county superintendent or a designee has an advisory,
nonvoting role on the council. The county board shall make
available an amount equal to one tenth of one percent of the
amounts provided in accordance with section four, article nine-a,chapter eighteen of this code and credit the funds to an account to
be used by the council to fulfill its objectives. The local board
has final approval of all proposed disbursements.

Any funds credited to the council during a fiscal year, but
not used by the council, shall be carried over in the council
account for use in the next fiscal year. These funds are separate
and apart from, and in addition to, those funds to be credited to
the council pursuant to this section. At the end of each fiscal
year, the council shall report to each faculty senate chairperson
the amount of funds carried over into the next fiscal year.

The professional staff development project of the center for
professional development shall assist in the development and
delivery of staff development programs by the county staff
development councils and shall coordinate staff development efforts
statewide.

WVC 18 A- 3 - 9
§18A-3-9. County service personnel staff development councils.
(a) The Legislature finds the professional expertise and
insight of service personnel to be an invaluable ingredient in the
development and delivery of staff development programs which meet
the needs of service personnel.

(b) Therefore, a service personnel staff development council
comprised of representation from the various categories of service
personnel employment shall be established in each school district
in the state in accordance with rules adopted by the state board of
education. Nominations of service personnel to serve on the county
service personnel staff development council may be submitted by the
six groups, as defined in subsection (e), section one, article one
of this chapter, of the district to the county superintendent who
shall prepare and distribute ballots and tabulate the votes of the
counties service personnel voting on the persons nominated. Each
county staff service personnel development council shall consist of
two employees from each category of employment one of whom shall be
elected as chairperson by the staff development council members.
The councils have final authority to propose staff development
programs for their peers based upon rules established by statute
and the council on service personnel education. The county
superintendent or a designee has an advisory, nonvoting role on the
council. The county board shall make available an amount equal to
one tenth of one percent of the amounts provided in accordance with
section five, article nine-a, chapter eighteen of this code and credit the funds to an account to be used by the council to fulfill
its objectives. The local board has the final approval of all
proposed disbursements. Any funds credited to the council during
a fiscal year, but not used by the council, shall be carried over
in the council account for use in the next fiscal year. Any
carried-over funds shall be separate and apart from, and in
addition to, the funds to be credited to the council pursuant to
this section.

(c) At the end of each fiscal year, the county board of
education shall report to the staff development chairperson the
total amount and balance of the staff development council account,
the amount appropriated for the recent fiscal year, the amount of
funds requested and used by the staff development council, and the
amount of funds carried over into the next fiscal year. The county
board of education shall further provide to the state
superintendent of schools at the end of each fiscal year the names
of the service personnel staff development council members, the
name of the chairperson, the number of meetings the service
personnel staff development council held to plan staff development
programs and the number of hours service employees were provided
during their employment terms to implement their staff development
programs.

WVC 18 A- 3 - 10
§18A-3-10. Criminal history check of applicants for licensure by
the state department of education.
Beginning the first day of January, two thousand two, any
applicant for an initial license issued by the West Virginia
department of education shall be fingerprinted by the West Virginia
state police in accordance with state board policy in order to
determine the applicant's suitability for licensure. The
fingerprints shall be analyzed by the state police for a state
criminal history record check through the central abuse registry
and then forwarded to the federal bureau of investigation for a
national criminal history record check. Information contained in
either the central abuse registry record or the federal bureau of
investigation record may form the basis for the denial of a
certificate for just cause. The applicant for initial
certification pays for the cost of obtaining the central abuse
registry record and the federal bureau of investigation record.

Upon written consent to the state department by the applicant
and within ninety days of the state fingerprint analysis, the
results of a state analysis may be provided to a county board with
which the applicant is applying for employment without further cost
to the applicant.

Information maintained by the state department or a county
board which was obtained for the purpose of this section is exempt
from the disclosure provisions of chapter twenty-nine-b of this
code. Nothing in this section prohibits disclosure or publication of information in a statistical or other form which does not
identify the individuals involved or provide personal information.

(1) There are instances, especially for the purpose of
professional development, where it would be beneficial for persons
who are members of the Teachers' Retirement System or the Teachers'
Defined Contribution System to be employed by state institutions of
higher education or research corporations;

(2) Members of the Teachers' Retirement System are discouraged
from terminating their membership to that system because their
annuity is based on their final average salary and their total
service credit;

(3) A member of the Teachers' Defined Contribution System may
be discouraged from terminating his or her membership to that
system because the member may be completely vested in that system
or have made substantial progress toward being vested;

(4) These members also are discouraged from leaving employment
that allows them to participate in the Public Employees Insurance
Program pursuant to article sixteen, chapter five of this code; and

(5) An example of this beneficial arrangement would be the
employment of a member of the Teachers' Retirement System or a
member of the Teachers' Defined Contribution System by an entity
that otherwise would not be considered an employer under article
seven-a, chapter eighteen of this code or article seven-b, chapter
eighteen of this code for the purpose of working on a joint
professional development project between higher education and public education.

(b) For the purposes of this section only, unless the context
clearly indicates otherwise:

(1) "Employer" means either the state institution of higher
education or the research corporation employing a 21st Century
Learner Fellow;

(2) "Research corporation" means a corporation meeting the
description set forth in section three, article twelve, chapter
eighteen-b of this code; and

(3) "State institution of higher education" means the same as
defined in section two, article one, chapter eighteen-b of this
code.

(c) The State Superintendent is authorized to designate up to
twenty-five professional educators who are currently employed and
who are members of either the Teachers' Retirement System set forth
in article seven-a, chapter eighteen of this code or the Teachers'
Defined Contribution System set forth in article seven-b, chapter
eighteen of this code as 21st Century Learner Fellows, subject to
the following:

(1) Before designating a person as a 21st Century Learner
Fellow, the State Superintendent shall consult with the state
institution of higher education or the research corporation that
would employ the member if designated;

(2) In determining whether or not to designate a person as a
21st Century Learner Fellow, the State Superintendent shall give preference to a person who:

(A) Is certified by the National Board for Professional
Teaching Standards; and

(B) Demonstrates leadership within his or her content field in
the county, regional education service agency area or the state;

(3) The duration of the person's designation as a 21st Century
Learner Fellow shall be for the period in which the specific
project to be undertaken by the person will last as determined by
the State Superintendent at the time he or she designates the
person; and

(4) Only the employer may terminate the employment of a person
designated as a 21st Century Learner Fellow prior to the end of the
duration of the person's designation as set forth in subsection (3)
of this subsection.

(d) Notwithstanding any other provision of the code to the
contrary, the professional educators designated as 21st Century
Learner Fellows may elect to remain a member of the retirement
system in which they were a member of immediately preceding their
designation while they are employed by either a state institution
of higher education or a research corporation, subject to the
following:

(1) This authorization to remain a member of the retirement
system in which they were a member of immediately preceding their
designation only applies to authorization to remain a member of
either the Teachers' Retirement System set forth in article seven-a, chapter eighteen of this code or to the Teachers' Defined
Contribution System set forth in article seven-b, chapter eighteen
of this code, but not both;

(2) Both the employer and the member each shall contribute
their share as required by article seven-a, chapter eighteen of
this code or article seven-b, chapter eighteen of this code, as
applicable;

(3) If a 21st Century Learner Fellow elects to remain a member
of either the Teachers' Retirement System set forth in article
seven-a, chapter eighteen of this code or the Teachers' Defined
Contribution System set forth in article seven-b, chapter eighteen
of this code, he or she may not participate in any retirement plan
offered by the employer; and

(4) Notwithstanding any other provision of law to the
contrary, the employer does not assume any liability for benefits
accrued by the 21st Century Learner Fellow while he or she was
employed by any other entity.

(e) Notwithstanding any other provision of code to the
contrary, each 21st Century Learner Fellow also qualifies as an
employee for the purposes of being authorized to participate in the
Public Employees Insurance Program pursuant to article sixteen,
chapter five of this code and the state institution of higher
education or the research corporation, as applicable, shall be
considered an employer under that program, subject to the
following:

(1) The state institution of higher education or the research
corporation, as applicable, is not considered an employer with
respect to any employee other than a 21st Century Learner Fellow;

(2) For any employee that elects to participate in the program
pursuant to this subdivision, the employer shall pay their share of
the premium and the employee shall pay his or her share of the
premium pursuant to article sixteen, chapter five of this code; and

(3) Notwithstanding any other provision of law to the
contrary, the employer does not assume any liability for benefits
accrued by the 21st Century Learner Fellow while he or she was
employed by any other entity.

(f) Notwithstanding any other provision of law to the
contrary:

(1) The employer is not responsible for any accrued annual
leave, sick leave or both that a 21st Century Learner Fellow has
accumulated during any prior employment; and

(2) If a 21st Century Learner Fellow has accumulated sick
leave from prior employment, and if not for this subsection that
sick leave obligation or any part of that obligation otherwise
would have been transferred to the employer, after expending all
sick leave accrued with the employer, the 21st Century Learner may
expend the sick leave accumulated with the prior employer, and the
prior employer is responsible for paying the cost of the sick leave
expended by the 21st Century Learner Fellow at a rate equivalent to
the salary and benefits paid to the 21st Century Learner Fellow at the time his or her employment with the prior employer ended.

WVC 18 A- 3 - 12
§18A-3-12. Technology integration specialists.

The Legislature finds that technology integration specialists
are becoming more crucial as technology plays a continuously
increasing role in the education of students. In order to address
the need for more technology integration specialists, the teacher
preparation programs in this state shall cooperate with the state
board to ensure that:

(1) A portion of the technology integration hours required to
apply for the Advanced Credential endorsed for Technology
Integration Specialist is offered at each teacher preparation
program while students are still working toward their teaching
degree;

(2) Teacher education program students are aware of the option
of attaining a Technology Integration Specialist Advanced
Credential and Temporary Authorization early enough so that they
can take advantage of the hours offered; and

(3) Alternative education programs are established by the
teacher preparation programs to assist teachers who have already
received their teaching certification attain the required hours
necessary to earn a Technology Integration Specialist Advanced
Credential. These alternative education programs are separate from
programs required to be established by section one-a of this
article.

Note: WV Code updated with legislation passed through the 2016 Regular Session
The West Virginia Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.